Reply Evidence Can Respond if No New Issues

Savea v. YRC Inc., No. 152379 (D1d3 Apr. 10, 2019)

A demurring defendant asked for judicial notice of a document in its reply brief. New evidence on reply is generally not ok. But when it doesn’t raise new theories or arguments and simply responds to points raised in an opposition, a court has discretion to consider it nonetheless.

Affirmed.